What was Tenancy Tribunal case 4901353 about?

The tribunal order states: Lauchlan James MacMillan and Daniel Roy Uncles must pay [the landlord]

How much money was awarded in case 4901353?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $5,356.66 awarded to landlord

What type of tenancy dispute was case 4901353?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4901353?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10648086-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4901353 about?

The tribunal order states: Lauchlan James MacMillan and Daniel Roy Uncles must pay [the landlord]

How much money was awarded in case 4901353?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $5,356.66 awarded to landlord

What type of tenancy dispute was case 4901353?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4901353?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10648086-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4901353 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4901353 — net $5,377.10 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 05/07/24	$5,356.66	Rent arrears (to 05/07/24
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,377.10
Total payable by Tenant to Landlord	$5,377.10

The landlord and Daniel Uncles attended the hearing. Lauchlan MacMillian did not. I tried to call Mr MacMillian, but he did not answer the phone. I left a voice message informing him how he could participate in the hearing.

The landlord has applied for rent arrears and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 5 July 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy.

During the hearing Mr Uncles stated he should not be held liable for the rent arrears for the following reasons: a. He paid all the rent arrears Mr MacMillian owed when his tenancy commenced as well as his own rent; b. He paid $1,300.00 bond to Mr MacMillian and was named on the bond form at the Bond Centre but has not received any of his bond back; c. He paid all his weekly rent payments in full and on time each week to Mr MacMillian, being $330.00 per week; d. During the tenancy, he witnessed Mr MacMillian and his girlfriend, Jane Phibbs, regularly using methamphetamine in the premise and this made them violet towards each other, Mr Uncles and the other flatmate Keegan; e. Mr Uncles lived in fear in the house every day because of Mr MacMillian’s violent outbursts and he had his personal belongings stolen by Mr MacMillian on a number of occasions during his tenancy; f. Mr MacMillian withheld some of Mr Uncles personal property when Mr Uncles gave notice ending his tenancy on 5 June 2024 and moved out a few weeks later. He has not been able to re-enter the house to collect his remaining belongings, which the property manager says had been cleared out before the landlord took possession; g. Mr MacMillian was collecting $330.00 rent per week from each of the other tenants/flatmates, being Mr Uncles, Keegan and Ms Phibbs. Mr MacMillian was not paying the $990.00 rent he was collecting each week to the landlord, but was telling Mr Uncles that it has been all sorted every time the landlord emailed Mr Uncles about the rent arrears. As such, Mr Uncles believed Mr MacMillian that it was an administrative error that had been addressed because he knew he and the others had paid their rent. Therefore, he did not contact the landlord about the rent arrears, as he was under the belief there were none and Mr MacMillian had sorted the issue out. He believed Mr MacMillian had sorted the rent arrears out, to his detriment; and h. He has tried to address this issue with Mr MacMillian, but Mr MacMillian will not take his calls and the Police have advised him to stay away from Mr MacMillian as they last time Mr Uncles confronted him it became very acrimonious.

Mr Uncles has never been removed from the tenancy agreement and as such is still jointly and severally liable for the debts he says belong solely to Mr MacMillian. As such, he remains a named tenant party in this Order. Reimbursement of filing fee

Because [the applicant] has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4901353 — net $5,377.10 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 05/07/24	$5,356.66	Rent arrears (to 05/07/24
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,377.10
Total payable by Tenant to Landlord	$5,377.10

Order

Lauchlan James MacMillan and Daniel Roy Uncles must pay [the landlord] $5,377.10 immediately, calculated as shown in table below.

Reasons

The landlord and Daniel Uncles attended the hearing. Lauchlan MacMillian did not. I tried to call Mr MacMillian, but he did not answer the phone. I left a voice message informing him how he could participate in the hearing.
The landlord has applied for rent arrears and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 5 July 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy.
During the hearing Mr Uncles stated he should not be held liable for the rent arrears for the following reasons: a. He paid all the rent arrears Mr MacMillian owed when his tenancy commenced as well as his own rent; b. He paid $1,300.00 bond to Mr MacMillian and was named on the bond form at the Bond Centre but has not received any of his bond back; c. He paid all his weekly rent payments in full and on time each week to Mr MacMillian, being $330.00 per week; d. During the tenancy, he witnessed Mr MacMillian and his girlfriend, Jane Phibbs, regularly using methamphetamine in the premise and this made them violet towards each other, Mr Uncles and the other flatmate Keegan; e. Mr Uncles lived in fear in the house every day because of Mr MacMillian’s violent outbursts and he had his personal belongings stolen by Mr MacMillian on a number of occasions during his tenancy; f. Mr MacMillian withheld some of Mr Uncles personal property when Mr Uncles gave notice ending his tenancy on 5 June 2024 and moved out a few weeks later. He has not been able to re-enter the house to collect his remaining belongings, which the property manager says had been cleared out before the landlord took possession; g. Mr MacMillian was collecting $330.00 rent per week from each of the other tenants/flatmates, being Mr Uncles, Keegan and Ms Phibbs. Mr MacMillian was not paying the $990.00 rent he was collecting each week to the landlord, but was telling Mr Uncles that it has been all sorted every time the landlord emailed Mr Uncles about the rent arrears. As such, Mr Uncles believed Mr MacMillian that it was an administrative error that had been addressed because he knew he and the others had paid their rent. Therefore, he did not contact the landlord about the rent arrears, as he was under the belief there were none and Mr MacMillian had sorted the issue out. He believed Mr MacMillian had sorted the rent arrears out, to his detriment; and h. He has tried to address this issue with Mr MacMillian, but Mr MacMillian will not take his calls and the Police have advised him to stay away from Mr MacMillian as they last time Mr Uncles confronted him it became very acrimonious.
Mr Uncles has never been removed from the tenancy agreement and as such is still jointly and severally liable for the debts he says belong solely to Mr MacMillian. As such, he remains a named tenant party in this Order. Reimbursement of filing fee
Because [the applicant] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4901353 — Rent arrears

At a glance

Tenancy Tribunal case 4901353 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Topics & place

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Topics & place

Key findings

Frequently asked questions